Child Visitation, Legitimation and Paternity in Florida

Jacksonville FL Visitation and Paternity Lawyers

The state of Florida takes a rather progressive approach to the action that we have come to know as divorce. In fact, the proceeding itself isn’t even called divorce anymore; it is legally termed a “dissolution of marriage.” Concerning the matter that has been traditionally looked upon as “child custody,” the state takes a more holistic approach, preferring to support a standard of shared parental responsibility. This gives both parents an equal right to provide the child or children involved in the divorce proceeding with physical domestic care as well as the right to participate in decisions that are made in behalf of the children.

When the parents are married, the rights and responsibilities of the father are inherent. However, when the parents of the dependent children are not married,  paternity needs to be established in order for the father to be able to assert these rights. Aside from being married at the time that the child was born, there are four pathways to proving paternity in the state of Florida. The first way is for the mother and father to simply sign a document attesting to the man’s paternity. This is often done in the hospital right after the child is born, but such an affidavit can be filed later as well.

Another way that paternity can be established is through an administrative order that is based on genetic testing, and this method is advantageous because it does not require going to court. When paternity cases go to court the judge sometimes orders genetic testing, and this court order is the third way that paternity can be established. The fourth and final way is through legitimation, which is when the unmarried couple gets married. This assures the presumption of paternity in the eyes of the law, but for the father to be named on the birth certificate, the marriage certificate and an Acknowledgement of Paternity form must be filed with the Bureau of Vital Statistics. Once paternity has been established through one of these methods, the father of the child assumes all of the rights and responsibilities that go along with legal parentage.

For more information concerning child visitation, legitimation and paternity, contact a Jacksonville FL divorce lawyer to arrange for a free consultation.